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Settle status refused.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

when to apply settle status

Post by sosa7 » Wed Mar 25, 2020 3:27 am

came on EEA family permit April 2015 .Got my RC 2016 to expiry 2021.pls when can i
apply for settle status

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: when to apply settle status

Post by kamoe » Wed Mar 25, 2020 6:18 am

April 2020, 5 years after arriving with your first EEA-issued FP.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: when to apply settle status

Post by sosa7 » Wed Mar 25, 2020 5:01 pm

Thanks matey for the prompt response .

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 8:43 am

After proper consultation and advice I got here that I can apply for a settle status. But I just got refused and I was given a pre settle setuts on the ground I have to wait till the expiration of my RC even though I came into the UK with a family permit in 2015.That my continuous qualifying period began when my RC was issued in 2016.Please can any one help.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Settle status refused.

Post by Obie » Wed Sep 16, 2020 8:44 am

Well you have a right of appeal and must exercise it.
Smooth seas do not make skilful sailors

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 10:22 am

Thanks for your always prompt response obie.please can you advise how I can backup my appeal any references will be so much appreciated. I await any further help.Thanks

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 10:23 am

Are you unmarried?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 10:38 am

Yea I'm an unmarried partner ,came in with family permit April 2015

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 11:06 am

They may be right.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 11:14 am

I submitted before the expiration date besides I just spoke with home.office and I was made to understand the UK didn't recognize my relationship till I was issued a RC ,that's laughable, then I replied by saying why was I issued a Family permit in 2015 if they didn't find me eligible they where convinced am a family member that's why the FM was granted in the first place so saying my relationship became recognised after my Resident card was issued that don't sit right.So he just asked me to go for an appeal if I think the decision is unfair.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 11:26 am

Please click on the link in my previous post for an Upper Tribunal’s analysis.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 11:33 am

A problem may be that your EEA family permit had expired prior to the issue of the Residence Card. 7(3)(b) had lapsed.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 1:31 pm

Thanks so far funny. I reviewed the links but am getting mix options if to appeal or stick to the decision.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 1:44 pm

Obie’s an expert. He may have more comments, in the light of your circumstances.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 4:16 pm

Thanks so fAr.please obie am waiting to read from your end.Thanks

Obie
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Location: UK/Ireland
Ireland

Re: Settle status refused.

Post by Obie » Wed Sep 16, 2020 5:53 pm

vinny wrote:
Wed Sep 16, 2020 11:06 am
They may be right.
Vinny i do not follow?

It will appear this person arrived with an EEA family Permit and applied for a Residence Card during the currency of the EEA family permit.

Relevant Documents in the rule appears to include EEA family permit also. In the case you cited, i do not think the individual in question had an EEA family permit at the time of their Residence card application.

If what this person is saying is correct, it appears he became entitled in April 2020.

I stand to be corrected, but it seems to me that this case can be assimilated with that of Ewulo.
Smooth seas do not make skilful sailors

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Wed Sep 16, 2020 7:51 pm

Thanks obie for your response ,I came to the UK on a family permit 2015 I applied for a residence card before the expiration of my FP and it was granted single application it was never denied.

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Settle status refused.

Post by Obie » Wed Sep 16, 2020 9:01 pm

Well the caselaw does not specifically deal with your issue, but a cogent argument can be constructed based on it and the implications of regulation 7(3).
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Wed Sep 16, 2020 11:23 pm

Thanks Obie. I was concerned about 7(3)(b) lapsing and Section 3C not applying.

However, agree
In my opinion,such situation is beyond any degree of absurdity.
The lapse was due to the Home Office’s delay and the applicant shouldn’t be penalized for that.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Settle status refused.

Post by Obie » Wed Sep 16, 2020 11:49 pm

vinny wrote:
Wed Sep 16, 2020 11:23 pm
Thanks Obie. I was concerned about 7(3)(b) lapsing and Section 3C not applying.

However, agree
In my opinion,such situation is beyond any degree of absurdity.
The lapse was due to the Home Office’s delay and the applicant shouldn’t be penalized for that.
Absent any authority, I would most certainly have shared your concern, that on a plain reading of regulation 7(3), it would seem that once the EEA family permit expires, irrespective of whatever stage an applicant or an appellant is at, the protection of regulation 7(3) ceases. However Ewulo appear to clarify that this is not the case.

Applying it in the context of the settlement scheme will be important.

This case is an important one, which is likely to affect a lot of extended family member, and therefore one will hope we will get a reported decision on it very soon.
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Thu Sep 17, 2020 12:21 am

sosa7 wrote:
Wed Sep 16, 2020 10:22 am
Thanks for your always prompt response obie.please can you advise how I can backup my appeal any references will be so much appreciated. I await any further help.Thanks
Do appeal. There are now plenty of references that may be used against the obstacles in this topic. Also include evidence of EEA national exercising treaty rights throughout the relevant period.

Please share the results.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Thu Sep 17, 2020 10:35 am

Thanks obie/vinny.So should I make an administrative review which I understand cost £80 or any office I can email.Please I appreciate any guidance or map,it's my first time been on this road.Thanks guys

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Settle status refused.

Post by Obie » Thu Sep 17, 2020 10:40 am

I will go for the appeal probably, as I cannot see them reasoning with the law. The admin review in my view is a waste of time.
Smooth seas do not make skilful sailors

sosa7
Newbie
Posts: 34
Joined: Wed Oct 14, 2015 2:50 pm

Re: Settle status refused.

Post by sosa7 » Thu Sep 17, 2020 11:02 am

Thanks to you obie how do I proceed with the appeal?,please

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Settle status refused.

Post by vinny » Fri Sep 18, 2020 12:33 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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